Housing (Miscellaneous Provisions) Act 2014

• (i) served a notice of termination on the tenant concerned prior to the tenancy becoming a Part 4 tenancy within the meaning of the Residential Tenancies Act 2004, or

• (ii) terminated the tenancy on a ground specified in the Table to section 34 of that Act, in the case of a Part 4 tenancy within that meaning,

• (b) the term of the household’s tenancy in the dwelling expired, or

• (c) the housing authority is satisfied that—

• (i) due to overcrowding, the dwelling from which the household moved did not meet the accommodation needs of the qualified household, or

• (ii) the household moved from the dwelling in order to take up or change employment or for educational purposes, or due to exceptional circumstances, including displacement by fire, flood or any other emergency or for exceptional medical or compassionate reasons.

47. Housing assistance in respect of accommodation provided under scheme of capital assistance

47. (1) In this section “scheme of capital assistance” means the scheme of capital assistance for the provision of housing accommodation operated under section 6 of the Act of 1992 and section 12 of the Act of 2009.

• (2) Notwithstanding anything in the other provisions of this Part, the Minister may, where he or she considers it just and equitable in the circumstances to do so, prescribe the manner in which a housing authority shall, subject to subsection (6) and having regard to the financial circumstances of the household concerned and their ability to pay rent, provide housing assistance in respect of the rent payable by the household member who is the tenant of an approved body for the occupation of a dwelling in receipt of assistance under the scheme of capital assistance.

• (3) Without prejudice to the generality of subsection (2), the Minister may prescribe any of the following:

• (a) the manner in which a housing authority shall determine whether housing assistance should be provided in respect of a particular household;

• (b) the manner in which an authority shall calculate the amount of housing assistance that shall be payable in a particular class of case;

• (c) the maximum amount of housing assistance payable having regard to the composition of the household concerned;

• (d) the manner in which housing assistance shall be provided;

• (e) where subsection (6) applies, the procedures to be followed by a housing authority if it considers that any member of the household concerned is or has been engaged in anti-social behaviour;

• (f) any conditions that shall be complied with in order for housing assistance to be payable.

• (4)
• (a) The tenant of a dwelling in respect of which housing assistance is provided under this section shall pay rent to the approved body concerned in accordance with the terms of the scheme of capital assistance, reduced by the amount of housing assistance payable in respect of that rent.

• (b) Where paragraph (a) applies, then the failure by the tenant to duly pay the amount of rent referred to in that paragraph shall, subject to the provisions of the Housing Acts 1966 to 2014, result in the household of which he or she is a member ceasing to be eligible for housing assistance.

• (5) The payment by a housing authority of housing assistance to an approved body under this section does not imply any liability on the part of the housing authority for rent due to the approved body or in respect of any other tenant obligation under the tenancy concerned.

• (6) A housing authority may, subject to any regulations to which subsection (3)(e) relates, refuse to provide, or to continue providing, housing assistance in respect of a household under this section where the authority considers that any member of the household is or has been engaged in anti-social behaviour.

48. Review of certain decisions

48. (1) Other than in respect of decisions on a review under this section, the Minister may prescribe one or more than one class of decision made by a housing authority under this Part (in this section referred to as a “prescribed decision”) to which this section applies.

• (2) This section applies where a household does not agree with a prescribed decision made by a housing authority under this Part.

• (3) A household that does not agree with a prescribed decision made by a housing authority under this Part may request a housing authority in writing (in this section referred to as a “review request”) to review the decision.

• (4) A review request shall—

• (a) outline the grounds upon which the household disputes the prescribed decision and be accompanied by any relevant supporting documents, and

• (b) state whether a member of the household wishes to make oral representations to the housing authority as part of the review.

• (5)
• (a) Subject to paragraph (b), a review request shall be received by the housing authority within 8 working days from the issuing of the prescribed decision to the household.

• (b) The Minister may prescribe the types of extenuating circumstances as a consequence of which the period of 8 working days referred to in paragraph (a) may, at the discretion of the housing authority concerned and upon being satisfied that any such circumstance does apply, be extended upon application by or on behalf of the household for such period as decided by the housing authority, but any such further period so decided shall not, taken together with the 8 working days from the issuing of the prescribed decision concerned, exceed 16 working days from such issue.

• (6) On receipt of a valid review request, the chief executive of the local authority concerned shall appoint as the reviewer of the prescribed decision concerned an officer or employee of a local authority who was not involved in the making of the prescribed decision and who is senior in rank to the officer or employee who made that decision.

• (7) The reviewer shall review the prescribed decision as if the matter were being decided for the first time and on the basis of the information available to him or her.

• (8) A reviewer may make such enquiries and meet with any person, including the household requesting the review, that he or she considers appropriate to meet in the circumstances.

• (9) Except where the reviewer and the household otherwise agree in writing, the reviewer shall make a decision on the review within 10 working days of his or her appointment or, where—

• (a) the household wishes to make oral representations to the reviewer, or

• (b) the reviewer wishes to meet the household or a household member as part of the review,

within 20 working days of his or her appointment.

• (10) A decision on a review request by a household shall—

• (a) confirm the prescribed decision in its original terms,

• (b) where appropriate, vary the prescribed decision in specified terms, or

• (c) annul the prescribed decision and, where appropriate, make an alternative decision,

and shall state the reasons for doing so and the housing authority shall send a copy in writing of the reviewer’s decision and reasons to the household.

• (11) Any variation to a prescribed decision proposed by the reviewer under subsection (10)(b), other than to correct any clerical error of a non-material nature, shall not be made without first giving the household an opportunity to comment or make representations on such a variation.

• (12) A household that has made a review request may, at any time before the review is completed, notify the housing authority in writing that they are withdrawing the review request but any such withdrawal is subject to subsection (13).

• (13) A reviewer may, notwithstanding the withdrawal of a review by the household and where the reviewer is satisfied that it is in order to do so, continue the review under this section as if the withdrawal had not been made and the housing authority shall notify the household in writing accordingly.

• (14) Where, in a review under this section, a member of An Garda Síochána or an officer of a housing authority states that he or she believes that a person is or has been engaged in anti-social behaviour then, if the reviewer believes that there are reasonable grounds for such belief, the reviewer may accept that statement as evidence of such anti-social behaviour.

• (15) In a review of a tenancy warning under this section, the housing authority concerned and the reviewer shall have due regard to protecting the identity of persons informing the authority or reviewer of anti-social behaviour in circumstances where, in the opinion of the authority or the reviewer, not to do so—

• (a) could render those persons or persons associated with them liable to violence, threat or fear as a consequence of so informing, or

• (b) might otherwise have prevented those persons from so informing because of such violence, threat or fear.

49. Part 4 and amendment of Act of 2009

49. (1) Section 19 of the Act of 2009 is amended in subsection (2) by inserting the following after paragraph (b):

• “(bb) providing housing assistance under Part 4 of the Housing (Miscellaneous Provisions) Act 2014;”.

• (2) Section 20 of the Act of 2009 is amended—

• (a) in subsection (2) by substituting the following for paragraph (b):

• “(b) an appropriate form of such support for that household.”,

• (b) by substituting the following for subsection (3):

• “(3) A housing authority may carry out a social housing assessment in respect of a household where a household member is in receipt of a supplement under section 198(3) of the Social Welfare Consolidation Act 2005 towards the amount of rent payable in respect of his or her residence.”,

• (c) in paragraph (f) of subsection (4) by substituting “an appropriate form” for “the most appropriate form”,

• (d) in paragraph (g) of subsection (4) by inserting “member” after “household”,

• (e) by inserting the following after subsection (4):

• “(4A)

  • (a) Where, due to the circumstances of a particular case, a housing authority is unable to establish for the time being whether alternative accommodation is available to a household that would meet the household’s housing need, the authority may, subject to the other provisions of this section, determine that the household is qualified for the forms of social housing support specified in paragraphs (bb) and (d) of section 19(2) of the Act of 2009.

  • (b) A determination under paragraph (a) shall be reviewed by the housing authority at intervals prescribed for the purposes of this section.

  • (c) A household to which paragraph (a) relates that is in receipt of a form of social housing support referred to in that paragraph is not eligible to apply for a transfer to a form of such support not referred to in paragraph (a) but, if a housing authority subsequently determines that alternative accommodation is not available to the household that would meet its housing need, then the length of time that the household was in receipt of that form of social housing support shall be reckonable, in accordance with the allocation scheme of the housing authority, for the purposes of an application by the household for a transfer to another form of social housing support.”,

• (f) by inserting the following after subsection (5):

• “(5A)

  • (a) Subject to paragraph (b), a household in receipt of social housing support shall cease to be eligible for such support where—

    • (i) in the preceding 3 years, the household or a household member was in arrears of rent, rent contributions, charges, fees or any other moneys due and owing to a housing authority or an approved body for an accumulated period of 12 weeks or more in respect of a dwelling or site to which Chapter 3 of Part 2 of the Act of 2009 relate, and

    • (ii) the household or the member concerned has not entered into rescheduling arrangements with the housing authority or approved body concerned for the payment of such arrears, or, having entered into such arrangements, has not, in the opinion of the authority or body, substantially complied with their terms.

  • (b) The failure of a household or household member to substantially comply with the terms of rescheduling arrangements shall be disregarded in any case where the housing authority or approved body concerned is satisfied that the failure was due to circumstances outside the control of such household or household member.

• (5B)

  • (a) Where a qualified household that is entered on the record of qualified households maintained by a housing authority refuses a prescribed number of reasonable offers of a specified form of social housing support in any continuous period that is prescribed, then—

    • (i) the household shall be ineligible for social housing support for a prescribed period after the last refusal during the said continuous period, and

    • (ii) the prescribed period of ineligibility shall not subsequently be reckonable in any way for the purposes of determining the relative priority of that household for social housing support.

  • (b) In making an offer of housing social support referred to in paragraph (a), a housing authority may, unless it has been prescribed for the purpose of the paragraph concerned, specify a period or date within which the offer has to be accepted before it lapses and if the offer lapses it shall be deemed to be a refusal for the purposes of that subsection.

  • (c) In this subsection ‘specified form of social housing support’ means social housing support of a kind referred to in paragraph (a), (b) or (d) of section 19(2).”,

and

• (g) by substituting the following for subsection (10):

• “(10) A housing authority shall not be required to carry out a social housing assessment in respect of a household in receipt of social housing support that is seeking to transfer to, or to avail of, another form of social housing support.”

• (3) Section 31 of the Act of 2009 is amended by substituting the following for subsection (2):

• “(2)

  • (a) In this section references to rent include a rent contribution payable by a tenant under a Chapter 4 tenancy agreement.

  • (b) In this section, other than subsection (6)(h), references to rent include a rent contribution payable under section 44 of the Housing (Miscellaneous Provisions) Act 2014 by a tenant who is a member of a qualified household within the meaning of section 35 of that Act.”

• (4) Section 32 of the Act of 2009 is amended—

• (a) in subsection (1) by deleting “and” where it last occurs in paragraph (b) and by inserting the following after paragraph (b):

• “(ba) a household that has been determined by a housing authority to be qualified for social housing support and is seeking housing assistance in respect of a particular dwelling, and”,

• (b) in paragraph (b) of subsection (2), by substituting “paragraph (a), (b) or (ba) of subsection (1) ” for “subsection (1)(a) or (b) ”, and

• (c) by inserting the following subsection after subsection (5):

• “(5A) Without prejudice to subsection (2), for the purpose of enabling a housing authority to consider a request from a qualified household for housing assistance under Part 4 of the Housing (Miscellaneous Provisions) Act 2014 in respect of a particular dwelling, the Minister may make regulations providing for—

  • (a) the information and particulars to be provided by the household in respect of the dwelling, the landlord involved and, in relevant cases, the person or person with whom the household proposes to reside in the dwelling, and the verification of such information and particulars,

  • (b) the furnishing of such additional information as the authority considers appropriate for the purposes of considering the request,

  • (c) the period within which the information and particulars including any additional information, shall be provided by the household concerned, and

  • (d) such other matters as the Minister considers necessary and appropriate.”

50. Application of Part 4 to housing authorities

50. The Minister may, for the purpose of facilitating the introduction of housing assistance, prescribe the date on which this Part shall be applied by specified housing authorities in respect of specified classes of household and the Minister may specify different dates and different classes of household in respect of different housing authorities.

51. Expenses incurred by housing authority under Part 4

51. The Minister may, with the prior consent of the Minister for Public Expenditure and Reform, make payments, out of money provided by the Oireachtas, to a housing authority in respect of some or all of the expenses, including administration expenses, incurred by the authority by virtue of this Part.

PART 5 Miscellaneous

52. Definition (Part 5)

52. In this Part “Act of 2005” means the Social Welfare Consolidation Act 2005.

53. Deduction of local authority rent, etc., by Minister for Social Protection

53. (1) In this section—

“net scheme payments” means the amount payable weekly under a scheme to a relevant recipient by the Minister for Social Protection after—

• (a) any deductions for the purposes referred to in section 341(7) of the Act of 2005, and

• (b) the deduction of any amounts required to be deducted by an order of a court,

and, in the case of deductions in respect of—

• (i) rent, includes any amount specified in columns (2) to (8) of Part 1 of Schedule 2 to the Act of 2005 or columns (2) to (8) of Part 1 of Schedule 4 to that Act, or

• (ii) rent arrears, excludes any amount specified in columns (3) to (8) of Part 1 of Schedule 2 to the Act of 2005 or columns (3) to (8) of Part 1 of Schedule 4 to that Act;

“PPS Number”, in relation to a person, means the person’s personal public service number within the meaning of section 262 of the Act of 2005;

“relevant recipient” means a person entitled to a payment under the scheme from which a deduction may be made by the Minister for Social Protection in accordance with this section;

“rent” means—

• (a) rent payable by a tenant to a housing authority under section 31 of the Act of 2009, or

• (b) rent contribution payable by a person to a housing authority under section 25 of the Act of 2009 or under section 44,

and references to rent arrears shall be construed accordingly;

“requested amount of rent arrears” has the meaning given in subsection (4)(b)(iii);

“requested amount of rent” has the meaning given in subsection (2)(b)(iii);

“scheme” means the provisions of the Social Welfare Acts providing for such benefits or such assistance or supplements, as the case may be, as are by order under subsection (14) specified for the purposes of this section by the Minister, with the consent of the Minister for Social Protection;

“scheme payments” means the amount payable under the scheme to or on behalf of a relevant recipient by the Minister for Social Protection.

• (2)
• (a) A housing authority may make a request to the Minister for Social Protection to deduct from net scheme payments the amount of rent payable to the authority by the relevant recipient concerned and to transmit the amount deducted to the authority.

• (b) A request by a housing authority under paragraph (a) shall specify—

• (i) the PPS Number of the relevant recipient concerned,

• (ii) the start date for the deduction of rent, and

• (iii) the amount of rent that the Minister for Social Protection is requested (in this section referred to as the “requested amount of rent”) to deduct from that recipient’s net scheme payments.

• (3)
• (a) When a request is made by a housing authority under subsection (2), the Minister for Social Protection shall, from the start date referred to in subsection (2)(b)(ii) and in accordance with this section, deduct the requested amount of rent from the net scheme payments of the relevant recipient concernedand that Minister shall, as soon as practicable, notify the housing authority concerned accordingly.

• (b) Where, at any time there is an insufficient amount available in the relevant recipient’s net scheme payments to enable the whole of the requested amount of rent to be deducted, the Minister for Social Protection shall deduct for that purpose the whole of the amount that can be deducted under this section from that recipient’s net scheme paymentsand that Minister shall, as soon as practicable, notify the housing authority concerned of the amount so deducted.

• (c) Where, at any time there is no amount available in the relevant recipient’s net scheme payments to enable any of the requested amount of rent to be deducted, the Minister for Social Protection shall, as soon as practicable, notify the housing authority concerned that the requested deduction has not been made.

• (d) Where a housing authority makes requests in respect of a relevant recipient under subsections (2) and (4) that relate to scheme payments due on the same date, the Minister for Social Protection shall make deductions in respect of the request under subsection (2) before making deductions in respect of the request under subsection (4).

• (4)
• (a) A housing authority may make a request to the Minister for Social Protection to deduct from a relevant recipient’s net scheme payments an amount in respect of rent arrears due to the authority by that recipient and to transmit the amount deducted to the authority.

• (b) A request by a housing authority under paragraph (a) shall specify—

• (i) the PPS Number of the relevant recipient concerned,

• (ii) the start date for the deduction of rent arrears, and

• (iii) the amount of rent arrears that the Minister for Social Protection is requested (in this section referred to as the “requested amount of rent arrears”) to deduct from that recipient’s net scheme payments.

• (5)
• (a) When a request is made by a housing authority under subsection (4), the Minister for Social Protection shall, from the start date referred to in subsection (4)(b)(ii) and in accordance with this section, deduct the requested amount of rent arrears from the relevant recipient’s net scheme payments, but any such deduction in respect of rent arrears is subject to the condition that, if necessary, it shall be reduced so that the sum of the deductions made in accordance with section 341(7) of the Act of 2005 and in respect of rent arrears does not exceed 15 per cent of the weekly rate (within the meaning provided for by section 341(7B) of the Act of 2005) of benefit or assistance to which the relevant recipient is or becomes entitled.

• (b) The Minister for Social Protection shall, as soon as practicable, notify the housing authority concerned of the amount of rent arrears deducted under paragraph (a).

• (c) Where, at any time there is an insufficient amount available in the relevant recipient’s net scheme payments to enable the whole of the requested amount of rent arrears to be deducted, the Minister for Social Protection shall deduct for that purpose the whole of the amount that can be deducted under this section from that recipient’s net scheme payments.

• (d) Where, due to any deductions made in accordance with section 341(7) of the Act of 2005 or in respect of rent, there is at any time no amount available in the balance of the relevant recipient’s net scheme payments to enable any of the requested amount of rent arrears to be deducted, the Minister for Social Protection shall, as soon as practicable, notify the housing authority concerned that the requested deduction has not been made.

• (6) A request by a housing authority under subsection (2) or (4) shall cease to have effect on whichever of the following events first occurs:

• (a) receipt by the Minister for Social Protection of notice from the authority terminating the request;

• (b) receipt by the Minister for Social Protection of a new request from the authority under the same subsection relating to the same relevant recipient;

• (c) the second anniversary of the start date specified in the request.

• (7)
• (a) The Minister for Social Protection shall be accountable to a housing authority for the amount of rent and rent arrears deducted from net scheme payments as a consequence of a request by that authority under subsection (2) or (4).

• (b) Rent and rent arrears deducted by the Minister for Social Protection under this section shall be transmitted to the housing authority concerned in the form and manner agreed between the Minister and the Minister for Social Protection.

• (c) Subject to any other arrangement that may be agreed between the Minister and the Minister for Social Protection, the Minister for Social Protection shall transmit rent and rent arrears deducted under this section to the housing authority concerned within 5 working days after such deduction.

• (8)
• (a) Where the Minister for Social Protection is required under this section to notify a housing authority of the amount of a deduction in respect of rent or rent arrears or that a requested deduction has not been made, that requirement shall be satisfied if that Minister has, in respect of the authority to be notified, enabled the authority to have access to the information concerned in a manner that is agreed by the Minister and the Minister for Social Protection.

• (b) An agreement between the Minister and the Minister for Social Protection for the purposes of paragraph (a) —

• (i) shall include the period within which such information will be made accessible to the local authority concerned, after the deduction was made or after the date the deduction due has not been made, and

• (ii) may include a time limit or a reference to the occurrence of one or more than one event after which the Minister for Social Protection is not required to make that information available to the local authority concerned in accordance with this subsection.

• (9) Where a relevant recipient, in respect of whom the housing authority concerned has made a request under this section, ceases to be entitled to receive scheme payments at any time when the request is a subsisting request, then the Minister for Social Protection shall, as soon as practicable, notify the housing authority accordingly.

• (10) Where the Minister for Social Protection has received a request from a housing authority under this section but has not deducted the whole or part of the amount of rent or rent arrears referred to in the request from a relevant recipient’s net scheme payments, then—

• (a) the amount of rent or rent arrears not deducted may be included in any subsequent request made by the housing authority concerned to that Minister in respect of the relevant recipient concerned, or

• (b) the housing authority may, without prejudice to any other power of a housing authority in the matter, agree with the relevant recipient an alternative method of payment of the amount concerned of rent or rent arrears due and owing to the authority.

• (11) Where—

• (a) the amount of rent or rent arrears deducted by the Minister for Social Protection from a relevant recipient’s net scheme payments exceeds the amount which the housing authority concerned requested that Minister to deduct under this section, and

• (b) the Minister for Social Protection has transmitted to that housing authority the amount of rent or rent arrears deducted, then that authority shall, subject to any other arrangement that may be agreed between the Minister and the Minister for Social Protection, repay the amount of the excess to the Minister for Social Protection within 5 working days after receiving notification from that Minister of the excess amount so transmitted or otherwise becoming aware of the excess amount so transmitted.

• (12) Where the Minister for Social Protection has—

• (a) deducted the amount of rent or rent arrears requested by a housing authority under this section or a lesser amount from a relevant recipient’s net scheme payments, and

• (b) transmitted that amount to the housing authority, but the balance of net scheme payments concerned payable to the relevant recipient is not, for whatever reason, duly paid to that recipient, then that Minister shall notify the housing authority accordingly and the authority shall, subject to any other arrangement that may be agreed between the Minister and the Minister for Social Protection, repay to the Minister for Social Protection the amount of the excess within 5 working days after receiving the notification.

• (13)
• (a) Where a housing authority has made a request under this section, the Minister for Social Protection shall keep a record in relation to each such request of such information as may be prescribed by the Minister, with the consent of the Minister for Social Protection.

• (b) The Minister for Social Protection—

• (i) shall keep the records referred to in paragraph (a) for such period as may, with the consent of that Minister, be prescribed by the Minster, and

• (ii) shall produce those records so kept to the housing authority concerned upon its request.

• (14) The Minister may, with the consent of the Minister for Social Protection, by order provide that such benefits or such assistance or supplements under the Social Welfare Acts as are specified in the order shall be the scheme for the purposes of this section.

• (15) Where an amount of rent or rent arrears is, in accordance with this section, deducted by the Minister for Social Protection from a relevant recipient’s net scheme payments, that Minister shall, except in the case of any excess deduction transmitted to a housing authority under subsection (11) that has been notified by that Minister to the authority, be acquitted and discharged of such amount as is represented by the deduction, as if the amount had actually been paid to the relevant recipient.

54. Amendments to Act of 2005

54. (1) The Act of 2005 is amended in section 196 by inserting the following after subsection (2):

• “(3) A person who is in receipt of any benefit, assistance or supplement under this Act from which a deduction is being made in respect of payment of rent or rent arrears under section 53 of the Housing (Miscellaneous Provisions) Act 2014 shall not be entitled to claim for supplementary welfare allowance under this section in respect of the monies so deducted.”,

• (2) The Act of 2005 is amended in section 198—

• (a) in subsection (3F), by substituting “Subject to subsection (3FB), a person shall not be entitled to a payment” for “A person shall not be entitled to a payment”, and

• (b) by inserting the following after subsection (3F):

• “(3FA) Subject to subsection (3FB), a person shall not be entitled to a payment referred to in subsection (3) unless, and subject to subsection (3H), on the making of the application, a designated person is satisfied that the person is a bona fide tenant, and—

  • (a) subject to subsection (3G) where applicable, was in receipt of a payment referred to in subsection (3) in respect of another tenancy immediately before the making of the application or was in receipt of the payment within a specified period as prescribed,

  • (b) has been residing, for the period that is prescribed, in rented accommodation in respect of which—

    • (i) there was at the commencement of the tenancy, an expectation that, in so far as was reasonable in all the circumstances, the person could pay the rent into the future, and

    • (ii) the person was in a position to pay the rent at the commencement of the tenancy,

    and subsequent to the commencement of the tenancy the person has experienced a substantial change in his or her circumstances and is unable to pay the rent and such change in circumstances has not been caused by that person, or

  • (c) has been residing, for the period that is prescribed—

    • (i) in accommodation for homeless persons as provided under section 10 of the Housing Act 1988, or

    • (ii) in an institution,

    except where the household of which the person is a member is determined to be qualified for social housing support by a housing authority under a social housing assessment pursuant to section 20 of the Housing (Miscellaneous Provisions) Act 2009.

• (3FB)

  • (a) Subsection (3F) shall apply, where appropriate, except in respect of a case to which paragraph (b) relates.

  • (b) Subsection (3FA) shall apply to a person where—

    • (i) regulations made under section 50 of the Housing (Miscellaneous Provisions) Act 2014 provide that a specified housing authority shall apply Part 4 of that Act in respect of a specified class of household, and

    • (ii) he or she is a member of a household within such a class of household and the specified authority is the housing authority for the household for the purposes of Part 4 of that Act.”

• (3) The Act of 2005 is amended in section 198 by inserting the following after subsection (3F):

• “(3G)

  • (a) (i) A person in receipt of a payment under subsection (3) in respect of a continuous period that is not shorter than a prescribed period shall—

    • (I) on being requested to do so in writing by a designated person, apply to the housing authority concerned for social housing support for his or her household and, as a consequence, for a social housing assessment to be carried out under section 20 of the Housing (Miscellaneous Provisions) Act 2009, and

    • (II) subject to subparagraph (ii), within 6 weeks of that request by a designated person, provide to the designated person confirmation that the household has forwarded a duly completed application form for social housing support to that authority for the purpose of a social housing assessment being so carried out.

    • (ii) The designated person may, where he or she is satisfied that an extension of time is justified in a particular case, extend the period referred to in subparagraph (i)(II) for a further period that shall not, in any case, exceed 6 weeks.

    • (iii) Where a person to whom subparagraph (i) applies fails to duly provide the confirmation in accordance with subparagraph (i)(II) or with that subparagraph and subparagraph (ii), then he or she shall cease to be entitled to a payment under subsection (3) when the period referred to in subparagraph (i)(II) or subparagraph (ii), as the case may be, has expired.

  • (b) A person in receipt of a payment under subsection (3) shall cease to be entitled to such a payment where a housing authority notifies the Minister that the household of which the person is a member has failed to duly supply to the authority additional information that the authority requested for the purposes of verifying information, for the purposes of a social housing assessment under section 20 of the Housing (Miscellaneous Provisions) Act 2009, that relates to the household’s application for social housing support.

• (3H) A person in receipt of a payment under subsection (3) shall cease to be entitled to such a payment where a housing authority determines that the household of which the person is a member is qualified for social housing support and the authority notifies the Minister that—

  • (a) social housing support is being provided to that household,

  • (b) housing assistance under Part 4 of the Housing (Miscellaneous Provisions) Act 2014 is an appropriate form of support for that household and the household has done or failed to do anything in consequence of which the household has not taken up that form of social housing support, or

  • (c) by virtue of the operation of section 20(5B) of the Housing (Miscellaneous Provisions) Act 2009, the household is ineligible for social housing support for a period prescribed under that enactment.”.

• (4) The Act of 2005 is amended in section 290A—

• (a) by substituting the following for subsection (1):

“290A. (1) This section applies to a beneficiary who is—

• (a) a tenant of a housing body, or

• (b) a tenant of a dwelling that is the subject of housing assistance under section 39 of the Housing (Miscellaneous Provisions) Act 2014,

and who is entitled to a benefit prescribed under this section.”,

• (b) by substituting the following for subsection (4):

• “(4) A deduction and payment made pursuant to this section shall cease—

  • (a) where the beneficiary—

    • (i) ceases, upon his or her death or otherwise, to be a tenant of a housing body,

    • (ii) ceases, upon his or her death or otherwise, to be a tenant of a dwelling that is the subject of housing assistance under section 39 of the Housing (Miscellaneous Provisions) Act 2014, or

    • (iii) otherwise ceases to be entitled to a benefit prescribed under this section,

    or

  • (b) where such deduction and payment are discontinued in accordance with this section.”,

and

• (c) in subsection (7), by substituting “as amended by the Local Government Reform Act 2014” for “amended by section 8 of the Housing (Miscellaneous Provisions) Act 2009”.

55. Data sharing and exchange

55. (1) Notwithstanding any enactment or rule of law—

• (a) a relevant person shall, upon a request from a housing authority, provide the housing authority with such information in the possession or control of the relevant person or, where the relevant person is a body corporate, any subsidiary (within the meaning of section 155 of the Companies Act 1963) of the relevant person as the housing authority may reasonably require for the purpose of enabling the housing authority to perform its functions under the Housing Acts 1966 to 2014, and

• (b) a housing authority shall, at such intervals as a relevant person may specify, provide the relevant person with such information obtained by the housing authority pursuant the Housing Acts 1966 to 2014, including tax reference numbers, as the relevant person may reasonably require for the purpose of enabling such person to perform functions under a specified enactment.

• (2) In this section—

“relevant person” means, as the context may require—

• (a) the Minister for Social Protection,

• (b) the Private Residential Tenancies Board established under section 150 of the Residential Tenancies Act 2004, or

• (c) the Revenue Commissioners;

“specified enactment” means—

• (a) in relation to the Minister for Social Protection, the Social Welfare Acts,

• (b) in relation to the Private Residential Tenancies Board, the Residential Tenancies Acts 2004 and 2009 ;

• (c) in relation to the Revenue Commissioners—

• (i) the Tax Acts,

• (ii) the Capital Gains Tax Acts,

• (iii) the Value-Added Tax Acts,

• (iv) the [F3Stamp Duties Consolidation Act 1999,]

• (v) the F3[Capital Acquisitions Tax Consolidation Act 2003, or]

• F4[(vi) the Finance (Local Property Tax) Act 2012;]

“tax reference number” means—

• (a) in relation to an individual, that individual’s personal public service number (within the meaning of section 262 of the Act of 2005), or

• (b) in relation to a body corporate—

• (i) the reference number stated on any return of income form or notice of assessment issued to that person by an officer of the Revenue Commissioners, or

• (ii) the registration number of the body corporate for the purposes of the Value-Added Tax Acts.

56. Amendment of section 31 (rent schemes and charges) of Act of 2009

56. Section 31 of the Act of 2009 is amended—

• (a) by inserting the following after subsection (2):

• “(2A) Where payments are made in respect of rent, arrears of rent, or rescheduling arrangements are entered into, by or on behalf of one or more members of the tenant’s household, then such payments or arrangements shall not of themselves create a tenancy arrangement between the housing authority and the members concerned and, accordingly, other than in respect of the tenant, no tenancy rights shall arise or continue as a consequence of such payments or arrangements.”,

• (b) by inserting the following after subsection (5):

• “(5A) For the purposes of this section and sections 33 and 34, arrears of rent or other payments due to a housing authority under section 58(3) of the Principal Act shall be deemed to be arrears of rent or other charges referred to in subsection (3).”,

and

• (c) by substituting the following for paragraph (g) of subsection (6):

• “(g) the waiving of rent and other charges, in whole or in part, on a temporary basis, in case of financial hardship;

• (h) subject to subsection (6A), the manner in which a housing authority shall, having regard to—

• (i) financial circumstances of households and their ability to pay rent,

  • (ii) the other provisions of regulations made under this subsection, and

  • (iii) any guidance issued in the matter under section 5,

  determine rent and charges under this section during a transitional period that will expire on a date prescribed by the Minister, which date shall not be later than 2 years after the date subsection (3) comes into operation.”,

and

• (d) by inserting the following after subsection (6):

• “(6A) The Minister may, having regard to the composition, financial circumstances and ability to pay rent of a qualified household in receipt of housing assistance under Part 4 of the Housing (Miscellaneous Provisions) Act 2014, prescribe the rent contribution that will be payable to a housing authority by a tenant who is a member of that household during the transitional period referred to in paragraph (h) of subsection (6).”

57. Amendment of Local Government Reform Act 2014

57. Schedule 4 to the Local Government Reform Act 2014 is amended in paragraph 14(4) by substituting “30 June 2015” for “31 December 2014”.

58. Amendment of Housing Finance Agency Act 1981

58. The Housing Finance Agency Act 1981 is amended—

• (a) in section 4(2)(c) by inserting the following subparagraph after subparagraph (ii):

• “(iii) to the Local Government Management Agency, to be used by it for the purpose of the performance of its functions,”,

and

• (b) in section 5 by inserting the following paragraph after paragraph (c):

• “(ca) the Local Government Management Agency, to be used by it for the purpose of the performance of its functions,”.